The Court of Arbitration for Sport (CAS) issued a ruling on November 25, 2016, in the dispute between Etoile Sportive du Sahel (the Club) and Leopoldo Roberto Markovsky (the Player), involving Clube de Regatas Brasil and FIFA. The case stemmed from the termination of the Player's employment contract with the Club, which the Player had signed on January 13, 2012, valid until June 30, 2015. The contract stipulated a monthly salary and performance bonuses. The Club failed to pay the Player's salary for three months and a performance bonus, prompting the Player to terminate the contract for just cause under Article 14 of the FIFA Regulations on the Status and Transfer of Players (RSTP). The CAS upheld the FIFA Dispute Resolution Chamber's (DRC) decision, ruling in favor of the Player and ordering the Club to pay outstanding remuneration and compensation for breach of contract.
The Club argued that administrative and financial difficulties, including the impact of the Arab Spring, excused the non-payment. However, the CAS rejected this, emphasizing that clubs must fulfill contractual obligations regardless of external circumstances. The Panel also dismissed the Club's claim that the Player's performance bonus was contingent on participation in official matches, ruling that the Club's unconditional commitment to pay the bonus could not be overridden by internal regulations not communicated to the Player. The Panel affirmed the Player's entitlement to the $75,000 bonus and $112,500 in unpaid salaries.
Regarding the termination, the CAS found the Player had just cause due to the Club's material breach, as the non-payment of salaries for three months met the criteria under FIFA regulations. The Club's counterclaim for $1.5 million, alleging unjust termination, was dismissed. The Panel calculated compensation based on the remaining contract period (May 2012 to June 2015), including salaries and performance bonuses totaling $925,000, adjusted by the Player's subsequent earnings of $68,711.80, resulting in net compensation of $857,901.20. The Panel also awarded $1,613 for a flight ticket as per the contract, bringing the total to $970,401.20.
The CAS upheld the DRC's decision to impose 5% annual interest on unpaid amounts and dismissed all other claims. The ruling reinforced the principle that clubs must honor financial commitments to players, regardless of external challenges, and highlighted the importance of clear contractual terms in resolving disputes. The Club's appeal was partially upheld, adjusting the compensation amount, but the core decision favoring the Player was confirmed. The case underscores the binding nature of contractual obligations in professional football and the role of FIFA and CAS in enforcing them.